MUKESH KUMAR SURI Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) The Judge Small Cause Court, Meerut by order dated 13.2.2003 decreed the suit for eviction of the applicant from the shops in dispute. The suit was filed against the applicant who is the tenant of the shop on the ground of default. The applicant-tenant claimed that he had deposited the rent on the first date of hearing and was, therefore, relieved from the liability of eviction in view of the provisions of Section 20 (4) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (U. P. Act No. 13 of 1972), hereafter called as the 'Act'. The suit was registered on 14.7.2000 and summons were issued indicating 10.8.2000 for filing written statement and 17.8.2000 for final hearing. On 17.8.2000 on the request of the defendant-applicant, time for filing written statement was extended. The written statement was not filed and the Court repeatedly extended the time and by the last such extension time till 1.3.2001 was granted for filing the written statement. The deposit under Section 20 (4) was made on 17.1.2001. On these facts, the trial court held that the first date for hearing was 17.8.2000 and the deposit having been made by the tenant on 17.1.2001 was, therefore, after the date of first hearing and benefit of Section 20 (4) of the Act could not be granted.

(2.) The question in this case, therefore, is whether the date of first hearing was 17.8.2000 or a date which would fall only after the opportunity to file the written statement was over, namely, 1.3.2001 which was also the date fixed for issues and the date when issues were actually framed.

(3.) I have heard Shri Ravi Kant learned senior counsel for applicant and Sri Ashok Khare, learned senior counsel for respondent. Except for the challenge to the finding of the trial court on the question of the tenant being granted benefit of the deposit under Section 20 (4), no other finding was challenged in the arguments.